Mallika
06-27 05:39 AM
Dear Experts,
My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
2. For extension filing, don't I have to be physically present in US?
I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!
Thank you!
Mallika
My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
2. For extension filing, don't I have to be physically present in US?
I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!
Thank you!
Mallika
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gc_dedo
03-28 01:48 PM
I got a LUD today filed 7/11/2007 NSC
gc28262
02-04 08:45 PM
I have mis-placed my EAD. Normally I can just apply for another EAD. But, I will be travelling to India in Mid March on Advance Parole and I'm not sure if I'll get the EAD by then.
My question is, will they ask for EAD upon re-entry.
I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?
Any advice is appreciated.
EAD is not needed while entering on AP. 485 receipt notice is sufficient documentation while entering on AP.
My question is, will they ask for EAD upon re-entry.
I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?
Any advice is appreciated.
EAD is not needed while entering on AP. 485 receipt notice is sufficient documentation while entering on AP.
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interfile
08-19 04:07 PM
Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
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let007live4ever
06-22 10:01 AM
Can scanned copy be submitted to USCIS for affidavit of birth or we have to submit the affidavit in original?
Thanks
Thanks
SertTurk
12-30 02:02 AM
Visa is required when you have to travel outside US and reenter again.You can get as many extensions as possible by the law.visa stamp is not a problem for your next extension.
Thanks! This is good news. We have been working 24/7 and forgot all about this. I got mine but my wife did not travel at all and never needed the visa. I was worried that it might cause problems.
Thanks! This is good news. We have been working 24/7 and forgot all about this. I got mine but my wife did not travel at all and never needed the visa. I was worried that it might cause problems.
more...
baburob2
04-29 10:40 PM
Gurus Pls help
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
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mchokshi
04-05 10:07 AM
I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.
Question:
Do i need to file for new h1-b or transfer?
Question:
Do i need to file for new h1-b or transfer?
more...
ssreenu
05-12 02:45 PM
Yes, you can GC is a future job. So its definitely possible.
Does it mean I can file a 485 even without joining the employer and can eventually join him before the 485 is approved. Any risks in this process?
Thanks in advance.
Does it mean I can file a 485 even without joining the employer and can eventually join him before the 485 is approved. Any risks in this process?
Thanks in advance.
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ujjvalkoul
06-23 06:10 PM
r u guys filing both applications with the same employer.
Can I retain PD (Aug 2003) of EB3 labor application filed with Employer 1
Now I have PERM approved in EB2 with employer 2
Can I transfer PD in this case.
Can I retain PD (Aug 2003) of EB3 labor application filed with Employer 1
Now I have PERM approved in EB2 with employer 2
Can I transfer PD in this case.
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xiaopay
07-23 09:51 PM
Do I read right about this?
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jonty_11
07-27 10:37 AM
if there was something IV core would have informed us and suggested action items..
as of now concentrate on 2 action items
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as of now concentrate on 2 action items
- Sending Thankyou cards
- Upload IV video on utube
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raj2007
04-02 09:22 PM
Hi Gurus,
Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.
Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.
I have the following question :
1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.
Please advise.
1. Use Ac21
2. Are you going to India for a visit or long time? you need to come before ur AP expires and get a new one(If H1 is not valid)
Otherwise you can take a vacation on H1.
For Cp you have to withdraw your 485 application and refile your application.
Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.
Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.
I have the following question :
1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.
Please advise.
1. Use Ac21
2. Are you going to India for a visit or long time? you need to come before ur AP expires and get a new one(If H1 is not valid)
Otherwise you can take a vacation on H1.
For Cp you have to withdraw your 485 application and refile your application.
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tjayant
10-16 11:53 PM
That is what i did. I'm in the same boat.
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GCwaitforever
09-13 12:55 PM
It is not illegal. Some companies apply for extensions a bit late and in the mean time, the VISA expires. It is OK. At the most he/she will not be able to drive as the drivers license is linked to the VISA expiry.
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rollercoaster
04-03 11:08 PM
Thank you sunny1000. God bless you.
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shaikhshehzadali
07-06 06:44 PM
Where did you get "25" days from? Also, wouldn't it depend whether you sent it to NSC or TSC?
Thanks,
Jayant
Compliance is only for people who have filed on or before june 29th...So each of the service centres will complete receipting all I-485 filed on or before june 29th by the date mentioned in the compliance document....Then probably after that they will start rejecting I485 at their own pace..
Thanks,
Jayant
Compliance is only for people who have filed on or before june 29th...So each of the service centres will complete receipting all I-485 filed on or before june 29th by the date mentioned in the compliance document....Then probably after that they will start rejecting I485 at their own pace..
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abc
05-08 01:20 PM
I think if there is no time limit ( currently 6 years) on h1 visa and there are 3 yr extensions, it will make all of our lives so much easier.
There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.
Any thoughts.
There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.
Any thoughts.
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kondur_007
08-28 03:38 PM
Mine is basically a hopeless case.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.
yogi13
06-28 10:24 AM
My wife have a birth certificate from the muncipality. The birth was registered soon after she was born and her parents named her before registration so there are no issues as far as late registration or "no name" is concerned. The only concern I have is that the birth certificate mentions only the first names of her and her mother although her father's full name is mentioned. Will this be a problem. The muncipalities in India register the birth in this manner, their explanation being that a child's full name is his/her first name followed by the father's full name. Similarly a married woman's full name is her first name followed by the husband's full name. I know this is not necessarily true in the USA. So I was wondering if this might be a problem.
Is there anyone in this forum who had a similar situation and their certificate worked?
Any insight on this will be greatly appreciated.
Is there anyone in this forum who had a similar situation and their certificate worked?
Any insight on this will be greatly appreciated.
IneedAllGreen
06-22 09:35 PM
Can someone post sample employment letter for filling I-485. I will need this letter to forward it to my employer.
Appreciate your help.
Thanks
INeedAllGreen
Appreciate your help.
Thanks
INeedAllGreen
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